Voluntary terminating parental rights

[makemp01]

What is the name of your state (only U.S. law)? TEXAS

My niece is a single parent with 5 kids between the ages of 10 & 14 and she is at her wits end as far as how to handle the children. she got out of a violent abusive relationship with their father several years ago and because she was hospitalized because of a brutal beating, the kids were placed in foster care. They were split up. my niece fought for over 2 years to get the kids back and they have been with her for a year now.
these kids are extreme discipline problems and are violently abusive to her & each other, both physically & orally. She doesn't know how to handle them. While the kids were in foster care, part of the requirements placed her as a condition of their return was that she attend parenting classes and have counseling. She did everything required of her but since the return of the kids, she has been unable to control them. she is not able to leave them alone because they fight all the time & try to hurt each other. SHe can not keep a job because she was constantly being called to their schools or having to stay home with the kids when one or the other was suspended.
One child had been removed from the home due to his extremely violent nature.
I live in another city and while i was visiting them last week, i personally witnessed what she goes thru on a daily basis. the youngest child didn't like her sister looking at her or her brother touching her in the backseat of the car. As a result all 4 kids were fighting....throwing punches, biting, scratching, cursing & kicking....all of this while the car was still moving on the highway. My niece said this was a daily thing but she pulled over to a constable's office at a toll road and they were still fighting. The youngest one ran out and was taken inside & an ambulance was called & I went with her to the hospital while my niece stayed to talk to the officers. The child only had a few scratches and a minor bite mark but CPS was called & all the kids were taken. When my niece finally got to the hospital, CPS picked up the little girl and we all ended up at CPS' offices. they sent the kids home & gave my niece a list of options that the kids needed to follow or they would be removed from the home. The next day it was back to the same old behavior.... nothing changed. one child even said he was going to break his arm & blame it on his mom. They all do & say these things. I fear for my niece safety because these kids have no fear of consequences.
So my queston is:
Can my niece voluntarily terminate her rights to the children with out her facing charges of abandonment or being charged with child neglect?? Can she take them to the CPS offices and explain the situation (which they already have on file) and not have criminal charges filed on her??

 

[Proserpina]

These poor children


She may contact social services and have the children put back into foster care.

ALL of them need to be in deep therapy.

 

[makemp01]

When the kids came home last year, my niece was told there would be followup home visits and family & individual counseling but to date, none of that has happened. She can't leave the kids with a babysitter because no one will sit with them more than twice. The kids go out of their way to cause problems....telling people on the streets they are not being fed. One lady called the police when the 10 yr old begged her for food at a grocery store...and she had $6 in her pocket at the time to buy food if she were truly hungry.
Today while on their way to their grandmother's house so she could watch them while their mom went to work, they were fighting in the back seat & threw each other's shoes out the window.
That is the reality of my niece's daily life.

 

[CourtClerk]

When the kids came home last year, my niece was told there would be followup home visits and family & individual counseling but to date, none of that has happened.

And what did MOM do to ensure that this was going to happen? Nothing? Sat around and waited for someone else to do it? These are HER kids, kids that she CHOSE to make... what stopped her from picking up the phone and contacting her nearest department of mental health? Every state in the union offers free or low cost mental health treatment. What's her excuse or what's the excuse everyone is ready to make for her?

She can't leave the kids with a babysitter because no one will sit with them more than twice. The kids go out of their way to cause problems....telling people on the streets they are not being fed. One lady called the police when the 10 yr old begged her for food at a grocery store...and she had $6 in her pocket at the time to buy food if she were truly hungry.
Today while on their way to their grandmother's house so she could watch them while their mom went to work, they were fighting in the back seat & threw each other's shoes out the window.
That is the reality of my niece's daily life.

We get it. It's all the kid's fault. They're awful human beings for treating your neice the way they do. As suggested, your neice can put them back in foster care, however, the part of the advice that was left out is that your neice should also be prepared to pay child support for her kids.

 

[Proserpina]

When the kids came home last year, my niece was told there would be followup home visits and family & individual counseling but to date, none of that has happened. She can't leave the kids with a babysitter because no one will sit with them more than twice. The kids go out of their way to cause problems....telling people on the streets they are not being fed. One lady called the police when the 10 yr old begged her for food at a grocery store...and she had $6 in her pocket at the time to buy food if she were truly hungry.
Today while on their way to their grandmother's house so she could watch them while their mom went to work, they were fighting in the back seat & threw each other's shoes out the window.
That is the reality of my niece's daily life.

What do you think the reality of the KIDS daily life is like?

Do you believe they act up for no reason whatsoever other than to cause trouble?

I'm sorry, but there is ALWAYS a reason behind kids behaving like this.

Always.

Lack of decent parenting is usually right at the top of the list.

 

[Ohiogal]

When the kids came home last year, my niece was told there would be followup home visits and family & individual counseling but to date, none of that has happened. She can't leave the kids with a babysitter because no one will sit with them more than twice. The kids go out of their way to cause problems....telling people on the streets they are not being fed. One lady called the police when the 10 yr old begged her for food at a grocery store...and she had $6 in her pocket at the time to buy food if she were truly hungry.
Today while on their way to their grandmother's house so she could watch them while their mom went to work, they were fighting in the back seat & threw each other's shoes out the window.
That is the reality of my niece's daily life.

Why didn't MOM put the children in counseling -- both family and individual counseling? SHE is the parent. Hence she is responsible -- or would be if she were actually trying to be a parent. Why were all four children in the back seat of the car?

 

[PQN]

While all states may offer free or low cost mental health services, the reality is that the wait lists are long. Our county's waiting list for youth mental health services is 6 months. Children that are currently being seen are only getting 1 hour per month of counseling; case loads are outrageous; the child psychs are triple booked for med checks and kids are only being seen every 2-3 months. When a therapist quits, it can take months to get her kids reassigned. Foster children have priority. The budget crisis is devestating these services.

With that being said, your niece needs help. Perhaps she can't parent all of the children. It sounds like a mix of mental health issues, trauma and a need for more parenting skills. Are there 1 or 2 of the children that are less severe than the others? Perhaps she starts with them and places the others back into care. Then all of them can work on their issues until she is successful in parenting the 1 or 2 in her home and then gradually add the others back in 1 at a time. The sad fact is that she may not be capable of safely parenting all of the children.